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Medical marijuana users are celebrating a court injunction that allows them to continue to grow their own supply instead of buying it at a higher cost from commercial growers. QMI’s Hank Daniszewski and Tyler Kula explore what the ruling means for users and police

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The legal challenge

Four medical marijuana users asked a Federal Court in British Columbia for an injunction that would stop changes to Canada’s medical marijuana program on April 1.

Under the new rules, people with a prescription from a doctor or nurse practitioner to use marijuana to treat more than two dozen medical conditions would no longer be allowed to grow their own marijuana. They would have to buy it from about a dozen large commercial producers at an estimated cost of $5 to $10 a gram.

Lawyer for the four users argued they should have the right to grow their own marijuana. Advocates also say many of Canada’s 40,000 medical marijuana users are on disability pensions and can’t afford to buy marijuana at $5 a gram or more when they grow it at less than a $1 a gram.

The ruling

Federal Court judge granted the injunction, saying new regulations would violate the Charter rights of medical marijuana users by making medical marijuana unaffordable for some.

Injunction only applies to marijuana growers licensed as of Sept. 30 last year.

Users relieved

The decision came as a surprise and a relief to Kevin Wetzel, a London resident who grows his own marijuana to treat chronic pain.

Wetzel said the court decision recognized the new regulations would make marijuana unaffordable for users like himself who get by on a disability pension.

“It’s goes against our rights as Canadians. We shouldn’t have to choose between having medication or having food or a roof over our heads.”

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Petrolia’s Jeff Johnston has been tending his own supply of marijuana for the last five years as he lives with a slow-growing tumour in his brain.

Doctors recently discovered a new growth, and he’s about to begin a six-month round of radiation treatment in London, followed by chemotherapy.

Johnston, 49, grows enough marijuana for his own use at a cost of about $1.10 to $1.50 a day, which he says is manageable.

He’s preparing his planters now because he won’t be able to look after them as well once his treatments start, he said.

“I grow what I need for a year and I keep it in a safe spot. . . . I have no intentions of stopping.”

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Cory Kaus calls the injunction a great first step.

But the ruling still leaves much uncertainty, he said.

Kaus, 37, gets his supply of marijuana from a London compassion club but is looking to switch to another designated grower. He uses the drug for severe nerve damage and osteoarthritis.

Kaus isn’t sure how he can go about finding a licensed grower who will grow a few plants for him. He also points out the legislation won’t allow people to remain in the program if they move.

“Good news but there’s still a lot of grey areas for patients, my grower, myself,” he said.

WHAT EXPERTS SAY

B.C. lawyer John Conroy, who won the injunction on behalf of four clients funded by a coalition of medical marijuana advocates:

if the market developed the way they are ­hoping with the licensed producers . . . There should be a choice.”

Chris Jones, who runs the 420 Shop in London, said the best way to make medical marijuana affordable is by testing and licensing it as a pain medication so it can be funded through OHIP or private insurance plans:

“It may be that marijuana is a more cost-­effective way to medicate people than the prescription drugs we are now using.”

No change for police

Police in London and Sarnia say they will enforce the current regulations and wait for the final legal ruling and any Health Canada response to the injunction.

“Until such time as the situation is finally determined, it just continues as it is unless we see direction from the ministry otherwise,” Sarnia police Chief Phil Nelson said.

“We will continue to enforce the law, as always,” said Const. Ken Steeves of the London police.

Ottawa’s reaction

“Allowing marijuana to be grown in Canadian homes and neighbourhoods has led to serious abuse. This includes public health and safety risks such as criminal diversion, fire hazards and mould infestations . . . We will review the decision in detail.”